Family Law (family + law)

Distribution by Scientific Domains
Distribution within Law and Criminology


Selected Abstracts


THE FIFTH WORLD CONGRESS ON FAMILY LAW AND THE RIGHTS OF CHILDREN AND YOUTH

FAMILY COURT REVIEW, Issue 3 2010
Hon. Joseph V. Kay
Editor's note on the 5th World Congress on Family Law and Children's Rights held in Halifax Nova Scotia, August 23,26, 2009 [source]


MODELS OF COLLABORATION IN FAMILY LAW

FAMILY COURT REVIEW, Issue 2 2004
Gregory Firestone
No abstract is available for this article. [source]


THE FIFTH WORLD CONGRESS ON FAMILY LAW AND THE RIGHTS OF CHILDREN AND YOUTH

FAMILY COURT REVIEW, Issue 3 2010
Hon. Joseph V. Kay
Editor's note on the 5th World Congress on Family Law and Children's Rights held in Halifax Nova Scotia, August 23,26, 2009 [source]


Marriage and the Moral Bases of Personal Relationships

JOURNAL OF LAW AND SOCIETY, Issue 4 2004
John Eekelaar
Marriage is a legal institution. Current debates about whether it should be extended beyond its traditional heterosexual constitution, and whether many of its legal incidents should apply to couples who live together without marrying, and about the introduction of civil partnership (modelled closely on marriage) for same-sex couples, make an examination of its contemporary role particularly timely. This article is about the interplay between the institution of marriage and ideas of obligation within personal relationships. It takes as its starting point some commonly held opinions. First, that the sense of obligation which hitherto guided people's behaviour in their personal relationships has much diminished or even disappeared. Second, that this diminution is reflected in the decline in marriage. We will then examine what the evidence of an empirical study conducted by the Oxford Centre for Family Law and Policy reveals about the way people in married and unmarried relationships understand the nature of their personal obligations. In doing this it will be seen that the moral bases which underpin people's personal relationships is complex and does not correspond in a simple way with formal, external social categories. [source]


Legal Change and Gender Inequality: Changes in Muslim Family Law in India

LAW & SOCIAL INQUIRY, Issue 3 2008
Narendra Subramanian
Group-specific family laws are said to provide women fewer rights and impede policy change. India's family law systems specific to religious groups underwent important gender-equalizing changes over the last generation. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policy makers,specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life,shaped the major changes in Indian Muslim law. More gender-equalizing legal changes are possible based on the same sources. [source]


FAMILY COURTS-20 YEARS AFTER REFORM

FAMILY COURT REVIEW, Issue 3 2002
Social Change: Address to the Conference of the Family Courts of Australia, The Family Court, at Sydney, on Thursday 26 July 200
The Rt. Hon. Dame Elias discusses the changes the people of Australia and New Zealand have seen and can expect from their respective family courts. She goes on to say that if judges of the family court are to play a more positive role in society, they need to stay abreast of what is happening with current legal trends as they relate to the "best interest of the child" standard, equal rights (especially between genders), and changing international trends in family law. The Chief Justice also addresses problems concerning lack of legal aid funding and an increase in unrepresented litigants. The Chief Justice explains that these issues and problems can best be dealt with through legislative reform as well as family court reform. Where there is an influx of additional resources better preparing judges to deal specifically with those seeking justice in the family court, these additional resources should also lead to a greater general understanding of current trends in the community. Chief Justice Elias asserts that without community support, these issues cannot be resolved. [source]


THE SECOND ANNUAL MEYER ELKIN ADDRESS

FAMILY COURT REVIEW, Issue 1 2000
The Changing Family in the New Millennium
A year ago, our journal had the opportunity to publish the inaugural Meyer Elkin Address by Jonah, Peter, and Marian Wright Edelman. This past summer, the Association of Family and Conciliation Courts was honored to have George Thomson speak at its conference in Vancouver, British Columbia. Thomson was presented with this honor for his hard work and dedication to family law in Canada and throughout the world. The Family and Conciliation Courts Review is honored to publish this speech by Thomson. Described by his colleagues as a "miracle worker" and "superman", Thomson has led a fascinating career that has followed several different paths. As an undergraduate student, Thomson attained a B.A. in philosophy and English from Queen's University in Kingston, Ontario. He remained at Queen's University and received an LL.B., then completed his formal education with an LL.M. from the University of California. Thomson has had a diverse background in the legal field, serving as an educator, a judge, and a government official. From 1968 until 1971, he worked as both an associate professor and assistant dean at the University of Western Ontario in London, Ontario. After his brief stint with the university, he was appointed judge of the Provincial Court for the Province of Ontario. Thomson held this position for five years before becoming an associate deputy minister of Community and Social Services, where he served as the head of the Children's Services Division. In the 1980s, Thomson returned to the bench in the provincial court. Additionally, he was the director of education for the Law Society of Upper Canada. Most notably, however, Thomson chaired a provincial committee on social welfare reform. By 1989, Thomson had moved from the bench into governmental work. He briefly served as the deputy minister of citizenship for Ontario. He was then appointed the deputy minister of labor until 1992. From 1992 until 1994, Thomson served as Ontario's deputy attorney general. He then became the deputy minister of justice and deputy attorney general of Canada. Most recently, Thomson has been a special advisor to the minister of justice and attorney general of Canada. The following Meyer Elkin address was presented at the annual Convention of the Association of Family and Conciliation Courts in Vancouver, Canada, in June 1999. [source]


The Death of "Till Death Us Do Part": The Transformation of Pair-Bonding in the 20th Century,

FAMILY PROCESS, Issue 2 2002
William M. Pinsof Ph.D.
During the last half of the 20th century within Western civilization, for the first time in human history, divorce replaced death as the most common endpoint of marriage. In this article I explore the history of this death-to-divorce transition, the forces associated with the transition, and what the transition may have revealed about the human capacity for monogamous, lifelong pair-bonding. The impact and consequences of the transition for the generations that came of age during it and immediately afterwards are examined, with particular attention to the emergence of new, alternative pair-bonding structures such as cohabitation and nonmarital co-parenting. The article highlights the inability of the dichotomous marriage-versus-being-single paradigm to encompass the new pair-bonding structures and the normalizing of divorce. Precepts for a new, more encompassing, veridical and humane pair-bonding paradigm are presented, and some of their implications for social policy, family law, social science, and couple and family therapy are elaborated. [source]


Parental Rights in Diverse Family Contexts: Current Legal Developments,

FAMILY RELATIONS, Issue 4 2002
Denise A. Skinner
Here, we review case law as it applies to parental rights. Specifically, we examine two issues: (a) Who has been awarded the right to parent? and (b) What rights have been bestowed to parents? The review demonstrates how family law in the United States reflects and perpetuates society's ambivalence about family structure and, subsequently, parental rights and responsibilities. On the basis of this analysis, we recommend a broadened legal perspective that not only communicates society's expectation of responsible parenting but, in addition, gives legal recognition to diverse family forms in which members carry out these responsibilities. [source]


Feminism, legal reform and women's empowerment in the Middle East and North Africa

INTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 191 2008
Valentine M. Moghadam
The issue of women's rights in the Middle East and North Africa (MENA) has gained prominence in research studies, policy debates and feminist activism. Area experts contend that for women to play a larger role in the economy and society is vital to the region's progress. But women in MENA still face gender discrimination that prevents them from reaching their potential, despite impressive gains in education and health. To varying degrees across MENA countries, discrimination against women is built into cultural attitudes, government policies and legal frameworks. The region's family laws codify discrimination against women and girls, placing them in a position subordinate to men in the family , a position that is then replicated in the economy and society. I briefly discuss recent trends in women's activism and family law reform in the MENA region, with a spotlight on Morocco, which adopted an entirely new family law in early 2004. The new Moroccan law drew on international standards and norms on women's and children's rights, the imperatives of national development and Islam's spirit of justice and equality. That a feminist campaign succeeded in altering family law in a MENA country, where laws are based on Sharia, or Islamic law, shows that effective coalitions can be built in MENA countries by linking social and economic development to women's rights. The Moroccan case demonstrates the links among research, activism and policy. [source]


A Hard Time to Be a Father?: Reassessing the Relationship Between Law, Policy, and Family (Practices)

JOURNAL OF LAW AND SOCIETY, Issue 4 2001
Richard Collier
This article seeks to unpack the way in which a constellation of ideas around what it means to speak of ,good fatherhood' has come to inform a series of debates, after the election of the New Labour government in 1997, around the content and contours of paternal responsibility. Via a focus on family law and recent developments around the idea of ,work-life' balance, it discusses the concepts underpinning present debates. In questioning the still-powerful (if frequently unspoken) influence of social constructionist ideas of sex/gender, it explores and question how men's ,family practices' have been understood. [source]


The Doctoral Education of Professional Marriage and Family Therapists

JOURNAL OF MARITAL AND FAMILY THERAPY, Issue 3 2010
Robert E. Lee
The professional practice of marriage and family therapy (MFT) scholarship is regulated at the master's level in the United States. Consequently, contemporary curricular issues have largely been focused on what is to be achieved within the master's degree, with an emphasis on clinical practice. We consider here what value may and should be added through the doctoral degree in marriage and family therapy. Doctoral programs are the developmental stage wherein we should seek to transmit the specialized knowledge and skills germane to MFT scholarship and practice in diverse settings, e.g., clinical and research intensive university, family law, health care, child development and education, child welfare, juvenile justice, faith based, and business. However, underlying this specialty education are three transcendental goals: sophistication of family systems scholarship, socialization into the profession of MFT, and cultivation of professional maturity. [source]


Providing Interdisciplinary Services to At-Risk Families to Prevent the Placement of Children In Foster Care

JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2009
Deborah J. Weimer
ABSTRACT Grandparents need support to take on the responsibility of children whose parents cannot care for them due to drug addiction, mental health issues, HIV illness, or other health problems. Without support and assistance, these families and children are likely to end up enmeshed in the already overburdened child abuse and neglect system. The University of Maryland has created a model program providing social work and legal services to at-risk grandparent families to help avoid the unnecessary placement of these children in foster care. In this new program, student attorneys and student social workers worked with the grandparent client to help stabilize the family, providing representation or advice on housing, public benefits, custody, and school-related issues. Joint education of student attorneys and student social workers in a clinical experience enhances their understanding of their roles and those of the other profession and prepares them for a more thoughtful and informed approach to family law, child welfare cases, and at-risk children. [source]


Divorce Israeli Style: Professional Perceptions of Gender and Power in Mediated and Lawyer-Negotiated Divorces

LAW & POLICY, Issue 2 2006
BRYNA BOGOCH
This study examines how the power of women is constructed by divorce professionals in a divorce process that is governed by rabbinical family law, the egalitarian ideology of the recently established family courts, and the growing use of mediation in divorce disputes. It is based on 254 questionnaires and 57 interviews with lawyers, mediators, and lawyer-mediators. We found that except for a minority of women lawyers, practitioners claimed that women were not disadvantaged by family law, and that mediation does not adversely affect weaker parties. However, their reactions to hypothetical situations indicated that rabbinical law does matter for women's bargaining power, and for lawyers' recommendations for mediation. This study reveals the complexities of the social construction of gender and power in divorce negotiations and the role of women professionals in empowering divorcing women. [source]


"Not the Normal Mode of Maintenance": Bureaucratic Resistance to the Claims of Lone Women in the Postwar British Welfare State

LAW & SOCIAL INQUIRY, Issue 2 2004
Virginia A. Noble
Because of the expansion of the postwar welfare state and its rhetoric of inclusion, the British National Assistance Board (NAB), which provided means-tested relief, faced a dramatic increase in the number of lone women with children claiming assistance in the 1950s and 1960s. In trying to restrict the state's role in social provision, the NAB relied on and tried to extend familial obligations for women's support that had been institutionalized in family law and in the poor law. The largely unsuccessful efforts of the NAB to prevent such women from turning to the welfare state included various forms of persuasion, coercion, and intimidation. Scholars of social policy in the postwar period have called attention to later efforts to discourage applications by lone women between the late 1960s and the 1990s. But the defensive posture against such women was adopted much earlier, in a relatively unexamined portion of the NAB's history. In its early, formative years, the NAB devised new strategies based on the rationales of female dependence that had long been entrenched in family law and the poor law. These methods and rationales became fixed in the postwar bureaucratic repertoire and were later available to bolster gendered attacks on the welfare state itself, particularly those made so aggressively under Thatcherism. [source]


Modest Expectations: Gender and Property Rights in Urban Mexico

LAW & SOCIETY REVIEW, Issue 1 2010
Ann VarleyArticle first published online: 31 MAR 2010
This article examines gender and property in Guadalajara, Mexico, in the light of debates that oppose formal title to the social embeddedness of rights in customary law and assert that titling is bad for women. The article focuses on urban homes, private property, and civil law but finds that qualities regarded as characterizing customary property relations also shape popular understandings of property in urban Mexico. Discussion groups and social surveys in four low-income neighborhoods addressed two aspects of family law and property: whose name should appear on titles, and who should inherit the home. The results show that women, as wives, sisters, and daughters, have a secondary relationship to property. They also suggest that the opposition of individual title to socially embedded rights is a false dichotomy and that generalizing arguments about formalization and especially the negative gender implications of titling risks replicating the universalizing tendencies of Western property models. [source]


The ,Best Interests of the Child' and Parental Separation: on the ,Civilizing of Parents'

THE MODERN LAW REVIEW, Issue 1 2005
Robert Van Krieken
The concept of the ,best interests of the child' is both pivotal in family law and yet essentially contested. This paper reflects on the concept's position within a number of longer-term histories , of the jurisprudence surrounding child custody, of the social construction of childhood, and of the emotional constitution of family life more broadly. The turn to a co-parenting model from the 1970s onwards and the rise of the concept of the ,civilized divorce' is analysed by drawing on Norbert Elias's analysis of ,processes of civilization' in Western social life. The paper argues that the post-separation co-parenting model is only partially explained as the outcome of political manoeuvring by particular social and professional groups; it should also be understood as part of longer-term trends in family life, emotional management, and the socio-legal construction of childhood, as part of the on-going ,civilizing of parents'. [source]


A practice framework to guide screening and assessment in the Australian Family Relationship Centres and Advice Line

CHILD & FAMILY SOCIAL WORK, Issue 4 2009
Gail Winkworth
ABSTRACT In recent years, there has been a growing recognition of the reactive way in which policy is translated into practice on the front lines of child and family welfare organizations, particularly in how risk is assessed and responded to by staff at all levels in these organizations. Major reforms to family law in Australia and programmes set up to complement the existing Commonwealth-Funded Family Relationship Services Program provide an opportunity to rethink how staff can be provided with a systematic and research-based set of guidelines for screening and assessment. This paper examines the role of practice frameworks in general and the Australian family relationships screening and assessment practice framework in particular to demonstrate not only how this broader evidence-based approach encourages well-informed, professional and ethical practice but also how it leaves room for creativity and local, place-based responsiveness. [source]


Seen and heard but how well informed?

CHILDREN & SOCIETY, Issue 3 2001
Children's perceptions of the guardian ad litem service
This paper is an account of a study which explored children's perceptions of the guardian and litem service and their experiences of public law proceedings. Whilst generally children felt positive about the service they received, in areas such as their attendance at court, who had access to the information they gave to their guardians, the arrangements made in regard to expert witnesses and the ability of guardians and the courts to influence care plans, a number of strong themes emerged. These are described and the implications of these findings for guardians and other professionals who practice in the field of family law are considered. Copyright 2001 John Wiley & Sons, Ltd. [source]


Legal Reform, Women's Empowerment and Social Change: The Case of Egypt

IDS BULLETIN, Issue 2 2010
Mulki Al-Sharmani
In the last decade, new family laws have been passed in Egypt, with important ramifications for women. In this article, I argue that two issues diminish the transformative role that these reforms could play in strengthening Egyptian women's rights and achieving gender justice. First, despite the recently passed laws, the model of marriage that the state continues to uphold through its codes and courts is premised on gendered roles and rights for husbands and wives. This model, however, contradicts the realities of Egyptian marriages. Second, the incongruence between the agendas of different reform actors, their piecemeal approach, and their top-down and non-participatory strategies have impacted the reform outcomes in mixed ways. This has meant that the multidimensionality and the social-embeddedness of the process of law-making have not been adequately taken into account in the efforts undertaken by reform actors, thereby undermining the effectiveness and significance of these endeavours. [source]


Legal Change and Gender Inequality: Changes in Muslim Family Law in India

LAW & SOCIAL INQUIRY, Issue 3 2008
Narendra Subramanian
Group-specific family laws are said to provide women fewer rights and impede policy change. India's family law systems specific to religious groups underwent important gender-equalizing changes over the last generation. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. Muslim alimony and divorce laws were changed on this basis, giving women more rights without abandoning cultural accommodation. Legal mobilization and the outlook of policy makers,specifically their approach to regulating family life, their understanding of group norms, and their normative vision of family life,shaped the major changes in Indian Muslim law. More gender-equalizing legal changes are possible based on the same sources. [source]